Hydroelectric power in Aosta Valley: new rules for concessions, fees, and duration

The Autonomous Region of Aosta Valley/Vallée d’Aoste will be able to independently dictate the rules for large water diversions for hydroelectric use. Legislative Decree no. 172 of September 11, 2026, published in the Official Gazette General Series no. 229 of October 2, 2026, with code 26G00187, implements the Special Statute of Aosta Valley and refers the regulation of assignment, fees, and duration of concessions to a regional law, to be approved within twelve months.

The measure was issued by the President of the Republic Mattarella and countersigned by Meloni, President of the Council of Ministers, by Calderoli, Minister for Regional Affairs and Autonomies, by Pichetto Fratin, Minister of the Environment and Energy Security, by Salvini, Minister of Infrastructure and Transport, by Giorgetti, Minister of Economy and Finance, and by Foti, Minister for European Affairs, the PNRR, and Cohesion Policies; visa by the Minister of Justice Nordio.

The procedure is that provided for by Article 48-bis of the Statute: proposal by the Joint Commission, approved in the meetings of September 30, 2024, and April 9, 2026, opinion of the Regional Council of Aosta Valley/Vallée d’Aoste expressed on May 20, 2026, and deliberation of the Council of Ministers on August 4, 2026. The decree is based on Articles 2, 3, 4, and 48-bis of the constitutional law of February 26, 1948, no. 4.

Duration up to forty years and new assignment methods

• The maximum duration of the concessions is forty years, extendable by a further ten years in relation to the complexity of the project proposal and the amount of the investment.
• The Region may assign concessions to economic operators through public tenders, to mixed public-private capital companies with a private partner chosen by tender, through forms of public-private partnership, or to fully public-controlled companies (in-house), with qualified justification regarding the reasons for not resorting to other methods.
• The regional law will establish the financial, organizational, and technical requirements for aspiring concessionaires, admission and assignment criteria, the valuation of the water state property, and the assessment of landscape and environmental impacts.

Fees, free energy, and social clauses

• The fee is determined by the regional law, taking into account the average nominal power of the concession and the production of the plants.
• Concessionaires are obliged to provide the Region annually and free of charge with 220 kWh for every kW of average nominal power of the concession, for public services and categories of users established by the Region.
• Social clauses are provided to promote the employment stability of the personnel employed by the outgoing concessionaire.
• Any indemnities are borne by the incoming concessionaire.

Assets, indemnities, and arbitration

• Upon expiration, in the event of forfeiture or waiver, the collection, adduction, and regulation works, as well as the discharge pipes and channels in regular operation, shall pass without compensation into the ownership of the Region.
• The concessionaire who has made authorized investments is entitled to compensation equal to the value of the non-amortized portion of the asset.
• The Region may take possession of buildings, machinery, and plants by paying a price equal to the value at the time of possession, excluding the valuation of the derivable income.
• In the absence of an agreement, the appraisal is entrusted to an arbitration board of three members: one appointed by the Region, one by the concessionaire, and the third by mutual agreement or, failing that, by the President of the Superior Court of Public Waters.
• The Region must notify the interested parties at least six months before the expiration of the concession.

Relationship with ARERA and financial invariance

• The Region is previously consulted on the acts of the Regulatory Authority for Energy, Networks and Environment (ARERA) addressed to the public utility service providers operating within the regional territory; the procedures are defined by a memorandum of understanding.
• Article 5 provides for implementation using available human, instrumental, and financial resources, without new or increased burdens on public finances, and the carrying out of assignment procedures within the regional budget.
• In the notes published with the decree, reference is made to Article 12 of Legislative Decree no. 79 of March 16, 1999, which sets the expiration of concessions granted to ENEL S.p.a. for large hydroelectric diversions at the thirtieth year following the entry into force of the provision.

The new framework shifts the levers regarding duration, fees, and the reassignment of plants to the Region, with direct effects on large hydroelectric operators, local authorities, and the timing for defining tenders: the concrete impact will depend on the regional law to be approved within twelve months.

Source: Official Gazette of the Italian Republic, General Series no. 229 of October 2, 2026 — Legislative Decree no. 172 of September 11, 2026, “Implementing rules of the Special Statute for the Autonomous Region of Valle d’Aosta/Vallée d’Aoste regarding water diversion concessions” (26G00187).